LEGISLATION

13519.4. (a) On or before August
1, 1993, the commission shall develop and disseminate guidelines and training
for all law enforcement officers in California as described in subdivision
(a) of Section 13510 and who adhere to the standards approved by the commission,
on the racial and cultural differences among the residents of this state.
The course or courses of instruction and the guidelines shall stress understanding
and respect for racial and cultural differences, and development of effective,
noncombative methods of carrying out law enforcement duties in a racially
and culturally diverse environment.
(b) The course of basic training for law enforcement
officers shall, no later than August 1, 1993, include adequate instruction
on racial and cultural diversity in order to foster mutual respect and
cooperation between law enforcement and members of all racial and cultural
groups. In developing the training, the commission shall consult with appropriate
groups and individuals having an interest and expertise in the field of
cultural awareness and diversity.
(c) For the purposes of this section, "culturally
diverse" and "cultural diversity" include, but are not limited
to, gender and sexual orientation issues. The Legislature finds and declares
as follows:
(1) Racial profiling is a practice that presents
a great danger to the fundamental principals of a democratic society. It
is abhorrent and cannot be tolerated.
(2) Motorists who have been stopped by the police
for no reason other than the color of their skin or their apparent nationality
or ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting
the changes to Section 13519.4 of the Penal Code made by the act that added
this subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of this
bill is in no way dispositive of the issue of how the state should deal
with racial profiling.
(4) The working men and women in California law
enforcement risk their lives every day. The people of California greatly
appreciate the hard work and dedication of law enforcement officers in
protecting public safety. The good name of these officers should not be
tarnished by the actions of those few who commit discriminatory practices.
(d) "Racial profiling," for purposes
of this section, is the practice of detaining a suspect based on a broad
set of criteria which casts suspicion on an entire class of people without
any individualized suspicion of the particular person being stopped.
(e) A law enforcement officer shall not engage
in racial profiling.
(f) Every law enforcement officer in this state
shall participate in expanded training as prescribed and certified by the
Commission on Peace Officers Standards and Training. Training shall begin
being offered no later than January 1, 2002. The curriculum shall be created
by the commission in collaboration with a five-person panel, appointed
no later than March 1, 2001, as follows: the Governor shall appoint three
members and one member each shall be appointed by the Senate Committee
on Rules and the Speaker of the Assembly. Each appointee shall be appointed
from among prominent members of the following organizations:
(1) State Conference of the NAACP.
(2) Brotherhood Crusade.
(3) Mexican American Legal Defense and Education
Fund.
(4) The League of United Latin American Citizens.
(5) American Civil Liberties Union.
(6) Anti-Defamation League.
(7) California NOW.
(8) Asian Pacific Bar of California.
(9) The Urban League.
(g) Members of the panel shall not be compensated,
except for reasonable per diem expenses related to their work for panel
purposes.
(h) The curriculum shall utilize the Tools for
Tolerance for Law Enforcement Professionals framework and shall include
and examine the patterns, practices, and protocols that make up racial
profiling. This training shall prescribe patterns, practices, and protocols
that prevent racial profiling. In developing the training, the commission
shall consult with appropriate groups and individuals having an interest
and expertise in the field of racial profiling. The course of instruction
shall include, but not be limited to, adequate consideration of each of
the following subjects:
(1) Identification of key indices and perspectives
that make up cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and
stereotyping on effective law enforcement, including examination of how
historical perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights
movement and struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing,
reporting, and responding to discriminatory or biased practices by fellow
officers.
(5) Perspectives of diverse, local constituency
groups and experts on particular cultural and police-community relations
issues in a local area.
(i) Once the initial basic training is completed,
each law enforcement officer in California as described in subdivision
(a) of Section 13510 who adheres to the standards approved by the commission
shall be required to complete a refresher course every five years thereafter,
or on a more frequent basis if deemed necessary, in order to keep current
with changing racial and cultural trends.
(j) The Legislative Analyst shall conduct a study
of the data being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial profiling,
including, but not limited to, the California Highway Patrol, the City
of San Jose, and the City of San Diego, both to ascertain the incidence
of racial profiling and whether data collection serves to address and prevent
such practices, as well as to assess the value and efficacy of the training
herein prescribed with respect to preventing local profiling. The Legislative
Analyst may prescribe the manner in which the data is to be submitted and
may request that police agencies collecting such data submit it in the
requested manner. The Legislative Analyst shall provide to the Legislature
a report and recommendations with regard to racial profiling by July 1,
2002.

SEC. 2. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one million
dollars ($1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.